Strasburger Appellate Web Site

A jury's verdict, or the ruling of a trial judge, does not always mark the end of a dispute. The appeal process — making sure the law and the evidence support the ultimate outcome of the case — is often a critical step in protecting the client's right to a correct judgment.

Experienced appellate advocates have been part of the Strasburger team since long before appellate law became a recognized specialty. Founder Hobert Price was ahead of his time in focusing his practice on appellate work. The tradition he established was carried on by Royal Brin, now one of the deans of the Texas appellate bar. The current members of the firm's Appellate Practice Group follow in those pioneers' footsteps, bringing a wide range and depth of experience to the solution of our clients' appellate problems.

COMPREHENSIVE APPELLATE SERVICES

Members of Strasburger's Appellate Practice Group assist clients in a variety of ways:

handling appeals in cases conducted by each of the firm's litigation practice areas
taking over or assisting with appeals in cases conducted by other firms at the trial court level
assisting the firm's litigators with discovery issues, dispositive motions, jury instructions, and post-trial motions
consulting on trial court cases or appeals being handled by other firms
acting as legal adviser to multi-firm joint defense groups
monitoring trials and appeals
preparing "friend of the court" briefs in important cases
helping with post-trial mediation and other settlement activities

Our attorneys are comfortable with whatever role best suits the client's needs, ranging from brief consultation with trial counsel to working as part of a multi-firm team of lawyers to independent pursuit of a complete appeal. They practice in all Texas courts and in a variety of federal courts across the country.

SELECTED APPELLATE VICTORIES (2006-2009)

Reversal of a $10.2 million judgment against a Carrollton-based technology company. M&A Technology, Inc. v. iValue Group, Inc., 295 S.W.3d 356 (Tex. App. -- El Paso 2009, pet. filed). Joining the client's legal team after an adverse jury verdict, the firm convinced the Court of Appeals that the plaintiffs' damage models were purely speculative because the plaintiff was a new and unproven business with no track record of profits and no objective proof of future profitability.

Affirmance of a $6 million judgment in an eminent domain case involving a Travis County ranch with special certifications for organic non-hormonal cattle production. State of Texas v. Harrell Ranch, Ltd., 268 S.W.3d 247 (Tex. App. – Austin 2008, no pet.). Joining the client’s legal team after a favorable jury verdict, we successfully resisted the State’s claims that our client’s access to remainder tracts had not been impaired, that lost profits from the forced premature sale of the herd were not recoverable, and that the jury had awarded excessive damages.

Reversal of a judgment against our client in a case involving the termination of a billboard lease. Dallas County Community College District v. Clear Channel Outdoor, Inc., 2008 WL 3307085. No. 05-07-00701-CV (Tex. App. - Dallas July 31, 2008, pet. denied) (mem. op.). Joining with the firm's Zoning and Land Use group after an adverse summary judgment, we persuaded the Court of Appeals that our client had not inversely condemned the lease and signs, but was instead a third-party bona fide purchaser of the underlying property and thus had the right to terminate the lease under its terms.

A $1 million appellate judgment in favor of a commercial mortgage servicer under a fee agreement relating to bank deposits. ORIX Capital Markets, L.L.C. v. Washington Mutual Bank, 260 S.W.3d 620 (Tex. App. - Dallas 2008, no pet.). Partnering with the client's in-house counsel in the briefing process and arguing the case on appeal, we helped convince the Court of Appeals to reverse a summary judgment that our client had not "maintained" the deposits because a third party owned the funds.

Significant partial reversal of a judgment against an ambulatory surgery center in connection with a marketing agreement for laparoscopic gastric banding surgery. Plano Surgery Center v. New You Weight Management Center, 265 S.W.3d 496 (Tex. App. - Dallas 2008, no pet.). Although the Court of Appeals upheld the marketing agreement, it reversed approximately 60% of the judgment against our client, holding that alleged negligent misrepresentations were in fact oral promises not actionable in tort. We worked with the client's trial counsel to prepare the briefs and argued the case on appeal.

Affirmance of a summary judgment in favor of an auto manufacturer in action brought by converters who customized the manufacturer's vehicles for limiting the number and types of vehicles made available for conversion. Anaheim Industries, Inc. v. General Motors Corp., 2007 Tex. App. LEXIS 9950 (Tex. App. -- Houston [1st Dist.] Dec. 20, 2007, pet. denied). Taking over on appeal for the firm's automobile distribution practice group, we convinced the appellate court that the converters' contract gave the manufacturer discretion in the number and type of vehicles to be furnished.

Reversal of a $6 million federal court fraud judgment against a chain of chiropractic clinics. Allstate Insurance Co. v. Receivable Finance Co., 501 F.3d 398 (5th Cir. 2007). Joining the client’s legal team after an adverse verdict as lead appellate counsel on the key fraud and damage issues, we persuaded the Fifth Circuit that there was no evidence that the plaintiffs actually relied on any allegedly fraudulent statements, and no evidence of the amount of damages the plaintiffs incurred as a result of such reliance.

Affirmance of a summary judgment for the defendant health plan in a $1.5 million suit by a hospital for services rendered to a patient. Methodist Hospital. v. Amerigroup Texas, Inc., 231 S.W.3d 483 (Tex. App. – Dallas 2007, pet. denied). Working with the firm’s trial team, our appellate group successfully argued that a gap in the patient’s Medicaid eligibility relieved the health plan of the obligation to pay for the patient’s ongoing medical care.

Affirmance of a summary judgment for the insurer under a $5 million motor carrier liability insurance policy. Lancer Insurance Co. v. Shelton, 245 Fed. Appx. 355, 2007 WL 2253518, No. 06-10617 (5th Cir. Aug. 7, 2007). Working with the firm’s trial lawyers at both the trial and appellate levels, we obtained a holding that the insurer was not required to give notice of cancellation of its policy to Texas authorities in light of the fact that the insured had obtained replacement coverage.

Complete reversal of a $25 million state antitrust judgment against our client based on "calendar marketing agreements" in the soft drink industry. Coca-Cola Co. v. Harmar Bottling Co., 218 S.W.3d 671 (Tex. 2006). Working as part of a multi-firm, multi-client team from before trial through disposition in the Supreme Court, we helped convince the Texas courts that there was no actionable effect on competition affecting Texas consumers.

Reinstatement by the Supreme Court of a summary judgment in favor of a North Texas municipality in a Tort Claims Act case. City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006). The Court held that the delayed installation of a traffic signal at a dangerous intersection did not fall with a statutory exception for the "absence, condition, or malfunction" of a traffic control device. The firm's governmental and appellate practice groups handled the case as a team.

Reversal of a judgment holding that our client had not properly exercised a right of first refusal for an undivided interest, valued at $42.75 million, in a West Texas power plant. City of Brownsville v. Golden Spread Electric Cooperative, Inc., 192 S.W.3d 876 (Tex. App. -- Dallas 2006, pet. denied). Joining the client's team shortly before the trial court judgment, we ultimately persuaded the appellate court that an allegedly invalid indemnity clause in our client's purchase contract was severable and did not invalidate the exercise of the right of first refusal.

Mandamus relief requiring the Garland City Council to call a 2006 general municipal election. In re Quintanilla, 2006 Tex. App. LEXIS 2281, No. 05-06-00297-CV (Tex. App. -- Dallas Mar. 24, 2006, orig. proceeding) (mem. op.). Representing a group of candidates (taking the lead on behalf of a broader group of Garland citizens), the firm persuaded the appellate court that a 2004 amendment to the Garland City Charter, shortening term lengths to two years, applied to the seats filled in the 2004 election.

PROFESSIONAL DISTINCTIONS

Professional Honors

Our appellate lawyers include two Fellows of the American Academy of Appellate Lawyers, as well as a two-time recipient of the Texas Association of Defense Counsel's prestigious President's Award. They have been included in Best Lawyers in America, in America's Leading Lawyers for Business, in Texas Monthly's list of the top 100 "Super Lawyers®" in Texas, and in D Magazine's list of the "Best Lawyers in Dallas." They have also been asked to serve in such roles as exam writer for the Texas Board of Legal Specialization certification in Civil Appellate Law and member of the Supreme Court of Texas Task Force on the Jury Charge.

Professional Associations

Strasburger's appellate lawyers have served in leadership positions in the Texas Association of Defense Counsel, including president, vice-president, and chair of the Amicus Curiae Committee; as chair of the American Bar Association Tort and Insurance Practice Section; as chair of the State Bar Committee on the Administration of Justice; as chair of the Dallas Bar Association Appellate Law Section; as president-elect of the Austin Bar Association; as chair of the Fellows of the Texas Bar Foundation; and as chair of the Federal Bar Admissions Committee for the Western District of Texas.

Publications

Members of the Appellate Practice Group have been published in a variety of law reviews and other publications, including SMU Law Review, Texas Law Review, St. Mary's Law Journal, South Texas Law Review, and the Harvard Journal of Law and Public Policy. They are often called upon for commentary on legal issues by publications such as the Wall Street Journal, the Texas Lawyer, and the Dallas Business Journal.

Continuing Legal Education Presentations

Our lawyers are frequently chosen to make presentations as part of continuing legal education programs sponsored by the State Bar of Texas, various law schools, and numerous other organizations. These include presentations on appellate, civil procedure, evidence, and tort law topics to the State Bar Advanced Civil Appellate Practice Course (including service as Course Director), the State Bar Advanced Civil Trial Course, the Fifth Circuit Appellate Practice and Advocacy Seminar, and the Defense Research Institute Civil Rights and Governmental Tort Liability Defense Practice Seminar.

Judicial Clerkships

Appellate Practice Group lawyers have served as judicial clerks or staff attorneys to judges on the Supreme Court of Texas, the United States Court of Appeals for the Fifth Circuit, the Court of Appeals for the First District of Texas, and the United States District Court for the Northern District of Texas.

Distinguished Law School Credentials

Our appellate lawyers distinguished themselves in law school, as law review editors, members of the Order of the Coif, and honors recipients of law degrees from prestigious institutions such as Harvard Law School and the University of Texas School of Law.